PLNZAD2022-00165 - 701 E 400 S & 373 S 700 EADMINISTRATIVE INTERPRETATION
DECISION AND FINDINGS
PLNZAD2022-00165
REQUEST:
This is a request for an Administrative Interpretation regarding the proposed demolition and
reconstruction of a financial institution and nonconforming drive -through facility located at 701 E 400 S and 373 S 700 E (subject property). The subject property is within the TSA-UN-T
(Transit Station Urban Neighborhood Transition Area) zoning district. Financial Institutions
are permitted within this zoning district; however, drive -through facilities are prohibited.
Cecilia Uriburu of Prescott Muir Architects, representing the property owner, Zions First
National Bank, has requested the following interpretation:
Section 21A._i8.040.H..S.c of the Salt Lake City Zoning Ordinance states that if a
property owner voluntarily demolishes "75% or more of the perimeter wall
length and area dimensions of the exterior walls and/or total floor area of a
structure, the structure shall not be restored." The use of the subject property is
a financial institution with an accessory drive -through facility. Would the
proposed demolition (as part of the remodel plans included with AttachmentA)
maintain the existing drive -through use on the subject property?
DECISION:
The Zoning Administrator has made the following decisions pursuant to the findings below.
1. The financial institution and the associated drive -through facility must be considered two
separate functions when determining the modifications that would be allowed per the
nonconforming use regulations in the Salt Lake City Zoning Ordinance. A financial
institution is permitted in the TSA-UN-T zoning district; therefore, demolition, new
construction, or improvements to the existing building associated only with the financial
institution use are not limited by the nonconforming use regulations.
2. The drive -through is a nonconforming use in the zoning district and accessory to the
financial institution. Therefore, complete demolition of the financial institution (meaning a
demolition of more than 75% of its total wall perimeter or floor area, as defined in the Salt
Lake Citv Zoning Ordinance) would discontinue the legal -nonconforming status of the drive -
through because the associated principal use would be voluntarily razed as described in
section 21A.�8.o4o.H...c
3. Modifications to the drive -through to the accessory drive -through that are listed in Sections
21A.�8.o4o.H.2 and 21A..q8.o4o.H._.c of the Salt Lake City Zoning Ordinance could be
permitted (as long all other relevant zoning standards are satisfied) if the principal structure
containing the financial institution were not to undergo a complete demolition as defined in
the Salt Lake Citv Zoning Ordinance and voluntarily razed (per 21A..q8.o4o.H._.c).
FINDINGS:
Existing Conditions
A bank with a drive -through currently sits on the subject property. Constructed in 1964, the
circular building (and the drive -through kiosk) was one of Zions Bank's first locations that
included an automated drive -through window —a use that continues today. The property is
located within the TSA-UN-T (Urban Neighborhood Transitional Transit Station Area) Zoning
1
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 406 WWW.SLCGOV.COM
PO BOX 145480 SALT LAKE CITY, UT 84114-5480 TEL 801-535-7757 FAX 801-535-6174
District. The stated Durpose of the Transit Station Area districts is "to provide an environment
for efficient and attractive transit and pedestrian oriented... development around transit
stations. Redevelopment, infill development and increased development on underutilized
parcels should include uses that allow them to function as part of a walkable, Mixed Use
District." Financial institutions (which includes banks, see the definition in 21A.62.o40) are
permitted in all TSA districts. However, the Table of Permitted And Conditional Uses For
Transit Station Area Districts (found in 21A.��.o��,) explicitly prohibits financial institutions
with drive -through facilities in the TSA-UN-T district —which aligns with the adopted purpose
statement for TSA districts within the City. However, because it has remained in operation since
before the property was placed within the TSA-UN-T district, the drive -through is allowed to
continue as a Nonconforming_ Use —a use that legally existed before the current regulations were
adopted.
Applicant's Submittal and Proposal
As part of their submittal, the applicants provided plans that illustrate how they wish to
redevelop the bank on the property and retain the drive -through. The submitted plans show that
a new building would entirely replace the existing 2,543-square-foot principal structure and that
562 (or 74%) of the adjacent 76o-square-foot drive -through canopy would be demolished and
rebuilt.
The applicant has asked for an interpretation regarding the demolition of nonconforming uses.
Section 21A..q8.o4o.H.ti.c of the Salt Lake City Zoning Ordinance states that a nonconforming
use cannot continue if a property owner voluntarily demolishes "75% or more of the perimeter
wall length and area dimensions of the exterior walls and/or total floor area of a structure." The
submitted memo assumes that the financial institution and drive -through are considered
separate uses and proposes a partial demolition of the drive -through canopy in an attempt to
maintain the nonconforming use. The applicants would like to know if they have correctly
interpreted the above standard and if their proposal would preserve the nonconforming drive -
through.
Identifying the Nonconforming Use
While the Table of Permitted and Conditional Uses for Transit Station Area Districts (Section
21A.33.035, Salt Lake City Zoning Ordinance) prohibits financial institutions with drive-
throughs in the TSA-UN-T district, stand-alone financial institutions are permitted, and section
21A.4o.o6o.B.2 of the Zoning Ordinance states, "Drive -through facilities may be authorized as
accessoru uses to permitted uses or conditional uses as listed on the tables of permitted and
conditional uses set forth in part III of this title" (emphasis added). This implies that, even
though a "Financial Institution with drive -through facility" is listed as a specific use in the land
use tables, the drive -through facility is a separate use/function because it is defined as an
accessory use in the Accessory Use chapter of the Zoning Ordinance. Therefore, the Financial
Institution and the drive -through facility are considered separate uses/functions for the purpose
of determining how much of the existing structures need to remain to maintain the drive -
through facility.
Accessory and Principal Uses
Even though the drive -through is considered a separate use/function according to section
21A.4o.o6o.B.2 (as discussed above), it is still accessory to the financial institution. An
accessory use, according to section 21A.62.040 of the zoning ordinance, is "a use that:
PLNZAD2022-00165 — Nonconforming Drive -through in the TSA-UN-T District 2
A. Is subordinate in area, extent and purpose to, and serves a principal use;
B. Is customarily found as an incident to such principal use;
C. Contributes to the comfort, convenience or necessity of those occupying, working at or
being serviced by such principal use;
D. Is, except as otherwise expressly authorized by the provisions of this title, located on the
same zoning lot as such principal use; and
E. Is under the same ownership or control as the principal use."
If the financial institution use were to be voluntarily razed (as described in section
21A.�8.o4o.H...0, the accessory drive -through use would be discontinued since it would no
longer serve, contribute to, or be located on the same zoning lot as a principal use. Accessory
uses must be associated with a principal use if they are to be permitted on a property. Complete
demolition of the financial institution would discontinue the nonconforming drive -through.
Complete Demolition
The Salt Lake City Zoning Ordinance defines a complete demolition as `Any act or process that
destroys or removes seventy five percent (75%) or more of the exterior walls and/or total floor
area of a structure, improvement or object" (see 21A.62.o4o). This means that the accessory
drive -through use can only continue if at least 25% of the total floor area of the structure
containing the principal use remains. "Total floor area" is not explicitly defined in the zoning
ordinance, but "gross floor area" is used in the zoning regulations to determine the size of an
establishment or building.
Gross Floor Area is the "...horizontal area of all floors of the building measured from the exterior
face of the exterior walls or from the centerline of walls separating two (2) buildings. The floor
area of a building shall include basement floor area, penthouses, attic space having headroom of
seven feet (7') or more, interior balconies and mezzanines, enclosed porches, and floor area
devoted to accessory uses" (see 21A.62.040). Based on this definition, the floor area includes all
building floors, including the basement. This means that 25% of the combined area of both the
existing horizontal floor structure of the main story and the basement of the principal structure
would need to be preserved to avoid a complete demolition. Simply constructing a new building
over 25% of the original building's footprint will not be enough to evade a complete demolition.
The nonconforming accessory drive -through use could only be preserved if the principal
structure does not undergo a complete demolition. As proposed in the plans submitted by the
applicant, the principal use would be completely demolished and voluntarily razed (per
21A.�8.o4o.H...0. Therefore, the accessory use (the drive -through) would not be able to
continue. If the principal financial institution use did not undergo a complete demolition, then
modifications to the facilities associated with the drive -through that are permitted in section
21A.�8.040.H..F, would not discontinue the accessory use (as long as all other relevant zoning
standards are satisfied).
If you have any questions regarding this interpretation, please contact Aaron Barlow at 801-535-
6182 or email at aaron.barlow@slcgov.com.
APPEAL PROCESS:
An applicant or any other person or entity adversely affected by a decision administering or
interpreting this Title may appeal to the Appeals Hearing Officer. Notice of appeal shall be filed
within ten (io) days of the administrative decision. The appeal shall be filed with the Planning
PLNZAD2022-00165 — Nonconforming Drive -through in the TSA-UN-T District 3
Division and shall specify the decision appealed and the reasons the appellant claims the
decision to be in error. Applications for appeals are located on the Planning Division website at
httD://www.sICIZov.com/Dlannin,a/Dlannin2-aDDlications., along with information about the
applicable fee. Appeals may be filed in person or by mail at:
In Person:
Salt Lake City Corp
Planning Counter
451 S State Street, Room 215
Salt Lake City, UT
US Mail:
Salt Lake City Corp
Planning Counter
PO Box 145471
Salt Lake City, UT, 84114-5417
NOTICE:
Please be advised that a determination finding a particular use to be a permitted use or a
conditional use shall not authorize the establishment of such use nor the development,
construction, reconstruction, alteration, or moving of any building or structure. It shall merely
authorize the preparation, filing, and processing of applications for any approvals and permits
that may be required by the codes and ordinances of the City including, but not limited to, a
zoning certificate, a building permit, and a certificate of occupancy, subdivision approval, and a
site plan approval.
Dated this 28th day of April, 2022 in Salt Lake City, Utah.
Aaron Barlow
Principal Planner
Attachments:
A. Memo and Site Plan submitted by Applicant
cc: Nick Norris, Planning Director
Mayara Lima, Zoning Administrator
Casey Stewart, Development Review Supervisor
Posted to Web
East Central Community Council
PLNZAD2022-00165 — Nonconforming Drive -through in the TSA-UN-T District 4
PRESCOTT MUIR ARCHITECTS
171 West Pierpont Avenue
Salt Lake City, Utah 84101
801-521-9111.801-521-9158fax
MEMO
DATE: 04.17.22
PROJECT:
Zions Bank
701 E 400 S
Salt Lake City, Utah 84101
TO:
Department of Community and Neighborhoods
Salt Lake City Corporation
ATTN:
Aaron Barlow, Principal Planner, Salt Lake City Corporation
CC:
Nick Norris, Director, Salt Lake City Corporation
Paul Poorte, Zions Bank
FROM:
Jay Lems
RE:
Administrative Interpretation
Mr. Barlow,
We are writing concerning the property owned by Zions Bank (Owner) located at 701 East 400 South, Salt
Lake City, UT (subject property). Our office is working on behalf of Zions Bank to assess remodel and new
development improvement options permitted for this property.
The subject property is in the TSA-UN-T zoning district.
The subject property currently includes an existing Financial Institution Building with Drive -through Facility.
Pursuant with 21 A.33.035 Table of Permitted and Conditional Uses for Transit Station Area Districts, Financial
Institution Buildings are a permitted use within this zoning district; however Financial Institution Buildings with
Drive -through Facilities are not permitted in this district.
The existing Financial Institution Building consists of open and enclosed office areas, meeting rooms, teller line
with customer service stations, work rooms, storage and filing areas. The existing non -conforming Drive -
Through Facility consists of a stand-alone structure with steel columns, overhead canopy, and five drive -
through service lanes located adjacent to the existing building. It should be noted that the drive -through
facility is structurally independent and separate from the existing building. The existing building does include
a drive -through service window utilized by the drive -through lane closest to the building.
As stated above, Financial Institution Buildings with Drive -through Facilities are not permitted in this district.
Although 21 A.40.060.B.2 states that "Drive -through facilities may be authorized as accessory uses to
permitted uses or conditional uses as listed on the tables of permitted and conditional uses set forth in Part III
of this title." Pursuant with 21 A.33.035 Table of Permitted and Conditional Uses for Transit Station Area Districts,
accessory uses are permitted within this zoning district. Whereas Financial Institution Buildings with Drive -
through Facilities is listed as a specific land use in the land use tables, the drive -through facility is a separate
use/function as it is defined as an accessory use in the Accessory Use Chapter 21 A.40.
Consideration of the financial institution building and drive -through facility as two separate functions when
determining allowable modifications pursuant with the nonconforming use regulations is consistent with prior
Salt Lake City Administration Interpretation Decisions and Findings PLNZAD2017-00608, shared by Aaron
Barlow.
As the existing building provides functions other than drive -through service and the existing building and
drive -through facility are independent structures, the Owner is proposing to demolish the existing financial
institutional building, which is a permitted use, and construct a new financial institution building located closer
to the street corner, complying with current zoning district regulations. Refer to request for administrative
interpretation #1 below.
Page 1 of 3
While the Owner would prefer to also demolish the existing non -conforming drive -through facility and
construct a new drive -through facility, we do not believe the current zoning district regulations under
21 A.38.040.H.5 allow the non -conforming drive -through facility to be restored if demolished greater than 75%.
Alternatively, the Owner is proposing to remodel the existing non -confirming drive -through facility, which may
include demolishing less -than 75% of the total floor area of the structure and restoring the structure pursuant
with 21 A.38.040.H.5.c; and possibly enlarging the existing drive -through facility up to 25% of the structure's
gross floor area (or up to 1,000 gross square feet) pursuant with 21 A.38.040.H.2.
The existing drive -through facility gross floor area as defined by the overhead canopy area, totals 760 square
feet. Under the provisions of 21 A.38.040.H.2, the drive -through facility may be increased in size as follows:
760 SF x 1.25 = 950 SF. Refer to request for administrative interpretation #2 below.
Request for administrative interpretations:
Interpretation #1:
Please confirm that Financial Institution Buildings and Drive -through Facilities may be considered two
separate functions; thereby allowing demolition and construction of a new financial institution building to
not be limited by the nonconforming use regulations.
Interpretation #2:
Please confirm that the existing drive -through facility may remain and be remodeled to include demolishing
less -than 75% of the total floor area of the structure and restoring the structure pursuant with 21 A.38.040.H.5.c;
and enlarging the existing drive -through facility up to 25% of the structure's gross floor area (or up to 1,000
gross square feet) pursuant with 21 A.38.040.H.2.
Proposed Improvements:
Existing Financial Institution and Drive -through Facility Areas:
Existing Financial Institution Building area:
2,543 SF Ground Floor
2,543 SF Basement
Existing Drive -through Facility Floor Area:
760 SF
Total Existing Financial Institution and Drive -through Facility Area: 5,846 SF
Areas proposed to be demolished:
Existing Financial Institution Building area to be demolished:
2,543 SF Ground Floor
2,543 SF Basement
Existing Drive -through Facility Floor Area to be demolished:
760 SF x 74% = 562 SF
Page 2 of 3
Areas proposed to be constructed and restored:
New Financial Institution Building area to be constructed:
4,200 SF Ground Floor
Existing Drive -through Facility Floor Area to be restored and enlarged:
562 SF (74%) of the existing 760 SF to be restored
25% of the 760 existing SF to be expanded (760 SF x 25%) = 190 SF
760 SF + 190 SF = 950 SF Total Drive -through Facility Floor Area
Total Existing Financial Institution and Drive -through Facility Area: 5,150 SF
We request that you review our understanding of the zoning ordinance regulations described above, and
confirm that the interpretations, and proposed demolition, restoration and new construction building areas
are permitted within the current zoning district regulations for the subject property.
Sincerely,
/V
Jay Lems
Prescott Muir Architects
Attachments:
• Architectural Site Plan Drawing dated 04.17.22.
Page 3 of 3
PARCELl
------------------------
-------------- -------
7A — I
PARCEL I Ex
. =D
:uR
PARCEL
------------------
.1..BDTo
+ ZMXLL�=D
ew Qroposedll�ew Buildi Buildi
—T.
E.0 I
EXISTING BUILDING:
GROUND FLOOR:
2,543 SF
BASEMENT:
2,543 SF
DRIVE THRU:
760 SF
TOTAL EXISTING FLOOR AREA:
5,846 SF
AREA PROPOSE TO BE DEMOLISHED:
GROUND FLOOR
2,543 SF
BASEMENT
2,543 SF
—
- - - - - - - - - - - - - - - - - - ENTRY \7_
-- - — ------ 2-1—
-- --------- ---- L "i- —
EXISTING DRIVE -THROUGH FACILITY
--- 4, =--=
FLOOR AREA AREA TO BE DEMOLISHED 760 SF X 74% 562 SF
E�
400 SOUTH NEW FINANCIAL INSTITUTION BUILDING
AREA TO BE CONSTRUCTED 4,200 SF
J.,�aq%DRIVEJHROUGH FACILITY FLOOR AREA TO BE RESTORED AND
ARCHITECTURAL SITE
PLAN OPTION 1 N
562 SF (74%) OF THE EXISTING 760 SF TO BE RESTORED
25% OF THE 760 EXISTING SF TO BE EXPANDED (760 SF X 25%)= 190 SF
760 SF - 190 SF =950 SF TOTAL DRIVE- THROUGH FACILITY FLOOR AREA
TOTAL EXISTING FINANCIAL INSTITUTION AND DRIVE -THROUGH
FACILITY AREAS 5,150 SF